Concurrent Filing I-130 and I-485

jamalawow

New Member
First time poster.
My finance came to the US and we got married. She decided she wanted to stay and now i am left with figuring out the immigration issues.

She arrived on the Visa Waiver Program (Tourist) and now I am instructed by one of the USCIS rep to file the I-130 and I-485 concurrently the other rep to file them separately. Which one is it?

Also, on the I-485, part 2 of the form, there is no option to indicate that I am filing concurrently with the I-130. In other words, which option should I choose on part 2 of I-485?

Thanks Much
You help is highly appreciated.

JA
 
If you are a US citizen, then you can file the I-130 and the I-485 together. How much time did pass between her entering and then getting married to you? If its significantly less than 90 days, her adjustment of status will most likely be denied and she has to get a visa stamp in her home country.
 
yes I am a US citizen. I just don't want to have file them together because it is a lot of money for I-485 ($1010). And yes, it has been two months after she arrived that we got married.

JA
 
2 month should be doable. You have to file both. You don't have to file them at the same time if you don't want to, but she won't be in GC status until I-485 is complete. She can't leave the US or work until you filed I-485 and got AP and EAD for her.
 
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